Shock as ambulance chiefs sued over fatal delay say they were not obliged to hurry to call-out

Jun 21 2009 Exclusive by Marion Scott

AMBULANCE chiefs being sued after a 999 call-out took 32 minutes to reach a dying teenager have insisted they did not have to turn up within a set time.

Their stance flies in the face of official targets demanding ambulances reach three-quarters of life-threatening calls within eight minutes.

The astonishing claim emerged in papers lodged at the Court of Session over the case of 15-year-old Nikki Aitken.

While she waited for an ambulance, three crews sat idle at a Rangers football match just a street away.

The Scottish Ambulance Service told the court: "The defenders owed no duty of care to the deceased prior to the arrival of the first ambulance on the scene and in particular owed no duty to turn up within any particular timeframe." Nikki's heartbroken mum Margaret, 43, said: "Most people will be shocked to hear that this vital emergency service has no legal obligation to turn up and save a life.

"I'm convinced a series of blunders cost my daughter her life and I'm determined to have my day in court. I don't want this tragedy to happen to any other family." Margaret is suing for damages after her daughter's death in 2003 following an epileptic seizure at her home in Ibrox, Glasgow.

A single-person rapid response unit took 51 minutes from the 999 call to get the stricken teenager to the Southern General Hospital where she died. The hospital is little more than a mile from her home.

A Scottish Ambulance Service spokesman said: "We always send available resources to serious cases as quickly as possible. The requirements set out by the Scottish Government are that 75 per cent of life-threatening calls are responded to within eight minutes.

"In March the service achieved this target, reaching 77 per cent of lifethreatening calls within that time. The average response time was 6.5 minutes for all of Scotland." Margaret's lawyer Cameron Fyfe said: "We believe families across Scotland will be utterly shocked by this revelation.

"It may pave the way for a change in the law and help save lives." The Scottish Government said: "Our ambulance staff perform an often challenging job with great dedication and they deserve our gratitude.

"The Scottish Ambulance Service has clearly defined targets for improvement which are closely scrutinised." m.scott@sundaymail.co.uk